18 April 2009

Proceeds of crime

The Supreme Court of Canada has struck down a challenge to a provincial law enabling seizure of proceeds of crime. Under the provincial law, proceeds could be seized under a civil action, without a conviction for a crime having taken place.

The challenge appears to have stressed the jurisdictional issues. (In Canada, criminal law is a matter for the federal government: the provinces do not make their own criminal laws.) However, there is also the matter of burden of proof. Under criminal law (under a Common Law system, at any rate), the charge must be proven beyond a reasonable doubt. Civil cases are tried on the balance of probabilities (or evidence). Therefore, proceeds of crime legislation could, potentially, be used against criminals where there is not sufficient evidence to prove a criminal case, but where evidence could point to someone "probably" profiting from criminal activity ...

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Proceeds of crime

The Supreme Court of Canada has struck down a challenge to a provincial law enabling seizure of proceeds of crime. Under the provincial law, proceeds could be seized under a civil action, without a conviction for a crime having taken place.

The challenge appears to have stressed the jurisdictional issues. (In Canada, criminal law is a matter for the federal government: the provinces do not make their own criminal laws.) However, there is also the matter of burden of proof. Under criminal law (under a Common Law system, at any rate), the charge must be proven beyond a reasonable doubt. Civil cases are tried on the balance of probabilities (or evidence). Therefore, proceeds of crime legislation could, potentially, be used against criminals where there is not sufficient evidence to prove a criminal case, but where evidence could point to someone "probably" profiting from criminal activity ...